Can you dispute a debt if it was sold to a collection agency?

Asked by: Dr. Glennie Goyette  |  Last update: December 9, 2022
Score: 4.6/5 (28 votes)

By law, a consumer must receive written notice (known as a debt validation letter) within five days of the collector's initial attempt to contact you. That notice must include the amount of the debt, the original creditor to whom the debt is owed and a statement of your right to dispute the debt.

Can I dispute a collection that has been sold?

If you do have a legitimate issue with a debt collection that shows up on your credit report, you can dispute it through the collector or the credit bureaus. To contact the collector directly, be sure you file a letter in writing within 30 days of first receiving communication about the debt.

Do you have to pay debt that was sold to a collection agency?

Many people ask, “If a debt is sold to another company do I have to pay?” Once your debt is transferred, you owe the money to the current company rather than the original creditor. However, the new collector must still adhere to all the regular debt collection laws.

What happens if your original creditor sells your debt to a collection agency?

If your debt is sold to a debt purchaser like a debt collection agency, you will owe the purchaser money, but you will not owe the original lender anything.

Can a disputed debt be sent to collections?

Once you dispute the debt, the debt collector can't call or contact you to collect the debt or the disputed part of the debt until the debt collector has provided verification of the debt in writing to you.

If My Debt Is Sold to a Collection Agency, Do I Still Have to Pay It?

17 related questions found

How can I get a collection removed without paying?

There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.

What is the 11 word phrase to stop debt collectors?

If you need to take a break, you can use this 11 word phrase to stop debt collectors: “Please cease and desist all calls and contact with me, immediately.” Here is what you should do if you are being contacted by a debt collector.

Why you should not pay collections?

Making a payment on the debt will likely reset the statute of limitations — which is disastrous. If the collection agency can't show ownership of the debt. Frequently, the sale of a debt from a creditor to a collector is sloppy. A collection agency hounding you may not be able to show they actually own your debt.

Can I pay my original creditor instead of collection agency?

Working with the original creditor, rather than dealing with debt collectors, can be beneficial. Often, the original creditor will offer a more reasonable payment option, reduce the balance on your original loan or even stop interest from accruing on the loan balance altogether.

How many times can a collection agency sell your debt?

Answer: An unpaid collection account can be sold and re-purchased over and over again by junk debt buyers. Often, a junk debt buyer will purchase a collection account, attempt collection for a few months, then re-sale the account to a new junk debt buyer. This can occur repeatedly until the debt is paid.

What debt collectors Cannot do?

A debt collector is not allowed to:

Use force or threaten to use force against you or your family. Physically threaten you or your family. Give, or threaten to give, information to the consumer's employer that may affect their opportunities as an employee. Serve any false legal documents.

How do I dispute a collection and win?

How to dispute a collection account in 4 steps
  1. Find out who owns your debt. Before you do anything else, find out who your debt collector is. ...
  2. Gather evidence. ...
  3. Send a debt verification letter to your debt collectors. ...
  4. Wait for a response.

What happens if you dispute a collection and lose?

Your FDCPA dispute rights are a powerful tool. Once you dispute the debt, the debt collector must stop all debt collection activities until it provides you with proof that you actually owe the debt. If the debt collector can't provide you with that proof, it will never bother you again.

What is a 609 dispute letter?

A 609 dispute letter is actually not a dispute but is simply a way of requesting that the credit bureaus provide you with certain documentation that substantiates the authenticity of the bureaus' reporting.

Does disputing a debt restart the clock?

Disputing the debt doesn't restart the clock unless you admit that the debt is yours. You can get a validation letter in an effort to dispute the debt to prove that the debt is either not yours or is time-barred.

What should you not say to debt collectors?

9 Things You Should (And Shouldn't) Say to a Debt Collector
  • Do — Ask to see the collector's credentials. ...
  • Don't — Volunteer information. ...
  • Do — Make a preemptive offer. ...
  • Don't — Make your bank account accessible. ...
  • Maybe — Ask for a payment-for-deletion deal. ...
  • Do — Explain your predicament. ...
  • Don't — Provide ammunition.

What percentage should I offer to settle debt?

When you're negotiating with a creditor, try to settle your debt for 50% or less, which is a realistic goal based on creditors' history with debt settlement. If you owe $3,000, shoot for a settlement of up to $1,500.

Is it good to settle with a collection agency?

While settling an account won't damage your credit as much as not paying at all, a status of "settled" on your credit report is still considered negative. Settling a debt means you have negotiated with the lender and they have agreed to accept less than the full amount owed as final payment on the account.

Can I negotiate with collection agency?

Occasionally, when a debt goes to collections you may be able to negotiate with the collector to accept a smaller amount than what you originally owed. An agent may decide it's worthwhile to accept partial payment now rather than go through a prolonged collection process.

Do debt collectors ever give up?

You are past-due, or delinquent, on your bills and your card issuer's collections representative calls you to pay your overdue balance. After about six months (depending on the lender), they will give up.

How can I get out of paying collections?

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.

What happens if you never pay collections?

The worst thing that can happen when ignoring the debt collector is that the original creditor or the collector may sue you. If you do not have a good defense, they will get a judgment against you. After getting the judgment, they may record it and thereby create a lien that attaches to your property.

What is the credit loophole?

"The 609 loophole is a section of the Fair Credit Reporting Act that says that if something is incorrect on your credit report, you have the right to write a letter disputing it," said Robin Saks Frankel, a personal finance expert with Forbes Advisor.

How can a debt lawsuit be dismissed?

In a motion to dismiss, you can ask the judge to throw out any or all of the claims in the lawsuit. The judge will review your claims and issue a ruling. Use SoloSuit to respond to a debt collection lawsuit and win your case.

What do you say when disputing a collection?

What parameters should you include in a collection dispute letter?
  1. Your details – name, address, official email address, etc.
  2. Request for more information about the creditor.
  3. Amount of debt owed.
  4. A request note to not to report the matter to the credit reporting agency until the matter is resolved.